CALIFORNIA FAMILY LAW
...Child Support
......Amount
.........Financial Ability
............Incarcerated Parent
4 Cards On This Topic:
  • No error in reserving jurisdiction on amount of c/s to be paid by incarcerated father not earning income, nor in ordering him to pay for C's health insurance should it become available at reasonable cost.
  • Incarcerated parent properly ordered to pay child support and post security from retainer in defense attorney’s trust account.
  • Court may not consider nature of offense for which incarcerated; no blanket exception to earning capacity test.
  • Ability to earn test must be satisfied with current circumstances; incarcerated parent may not have opportunity to work.